Believe what you want to believe Glaucus, I said it was a search warrant that they get, I did not say they use a search order, someone else said that.
I said it, and I said it because thats the likely document they will produce.
It will quite possibly mention warrant in the description.
There is however no prescribed format for a warrant as long as it has certain key pieces of information and is duly authorised it is a valid legal document.
A search warrant and a search order are different things.
A TVL employee is no different to most bailiffs with a warrant, he will call on the police to support the execution of a warrant thats been legally drawn.
If you have a search warrant correctly addressed you have no right, at all, to reject entry. A search order is not much more than a con to try to gain access.
TVL are quite open about it:
"You have no obligation to grant entry to an enquiry officer if you don’t wish to do so. If refused entry by the occupier, the enquiry officer will leave the property. If enquiry officers are refused access or an occupant withdraws the right to visit, then TV Licensing reserve the right to use other methods of detection.
Enquiry officers may apply for authorisation to use detection equipment if they are refused entry on to premises. TV Licensing may also apply to a magistrate (or sheriff in Scotland) for a search warrant. However, this is only done as a last resort and when a senior manager and a legal adviser considers that there is good reason to believe that an offence has been committed."
"Enquiry officers do not have a legal right of entry to a person’s home without a search warrant, and if refused entry to premises they will end the visit."
"When a person withdraws the implied right of access to TV Licensing, this is honoured. A flag is placed against the address on the TV Licensing database, which prevents any further visits being scheduled."
"TV Licensing can only enter your home without your permission if authorised to do so under a search warrant granted by a magistrate (or sheriff in Scotland). A magistrate (or sheriff in Scotland) has discretion to grant a search warrant for authorised persons to search premises suspected of illegal activity in respect of TV licensing. It is an offence to intentionally obstruct a person exercising the warrant (see section 366(8) of the Communications Act 2003). TV Licensing will be accompanied by the police when executing a search warrant."
"We exercise search warrants in the presence of police officers. Our policy is that Enquiry Officers will not force entry to an address if the occupier is not at the property. Rather, we would return at another time. We note however that accompanying police officers may themselves force entry if they deem it necessary."
The only point I would make that I believe is misleading is the last point. I dont agree that the enforcement officer has the right to force entry and thats why they do not. A police officer (and some bailiffs in certain situations) do have the right with a search warrant to force entry. (ie what they would do on a drugs bust, thats a search warrant)
A search warrant normally requires a constable to support the warrant, most of the time its a search order since that has not happened, the police officer is indeed asked to go along to keep the peace. When entry is refused as is likely at this point then the TVL can ask the officer to support his application for a warrant.
Have a look at this website for example :
http://www.yourrights.org.uk/yourri...h-premises/conduct-of-search-of-premises.html
Its a criminal act to attempt to prevent the execution of a valid court warrant (contempt of court)
